View Full Version : Is there a right of rescission for an apartment lease?

ineed toknow
May 31, 2008, 09:02 AM
I live in Florida.
I signed a lease for an apartment less than 24 hours ago.
Personal circumstances have changed and I no longer want the apartment.
Do I have a 3-day right of rescission to cancel the lease?

It seems like I have 3 days according to Chapter 15 of the USCA section 1635 but that may be applicable to the purchase of a home only, (statutes are so easy to read... )

May 31, 2008, 09:24 AM
Could you pose this question to Vicky? She may be in Florida.

Check this: Can Tenant Break Lease Days After Signing Contract? | DoItYourself.com (http://www.doityourself.com/stry/breaklease)

May 31, 2008, 09:26 AM
Normally, no, there is no period to resend unless the signing of the contract took place away from the office or apartment complex.

In other words, if they came to your work or home to have you sign, then you would have a period to change your mind.

If you went to their place of business, the contract was binding as soon as you placed you name on the signature line.

May 31, 2008, 10:48 AM
No, there is no period in a lease. Unless that period is written into the lease. And Fla is the worst place to break a lease, in Fla the landlord does not even have to try and rent the apartment out but can hold you liable for the entire lease. If they do rent it out, then your liablity ends.

At this point, your best bet is to go and be real nice and see how much you will have to pay to get out of it.

May 31, 2008, 11:55 AM
Florida has no "right of rescission" on rental agreements... no matter where the lease was signed. Your best bet is to try to negotiate a monetary settlement with the landlord.

May 31, 2008, 01:10 PM
If the landlord doesn't have to mitigate damages, the tenant should be able to sublet at will.

May 31, 2008, 01:13 PM
If the landlord doesn't have to mitigate damages, the tenant should be able to sublet at will.

One would think so, but no, Fla is very pro landlord in their laws. Now most places will find a new renter, but in most states they are required to try and find one, and if they don't the renters obligation ends, but in FL, they will hold the renter to the entire contract